TENTATIVE RULING

Calendar:    4

Date:          3/8/2024

Case No: 23 GDCV00599

Case Name: Chase v. Oganezova

COMPROMISE OF PENDING ACTION

Moving Party:            Petitioner Marlene Chase as GAL for claimant Joseph Chase   

SUMMARY OF FACTS:

Plaintiffs Marlene Chase, Maria Pineda, Joseph Chase, through his GAL, and Stephen Chase, through his GAL, brought this action against Susanna Oganezova, alleging that as the result of defendant’s negligent operation, maintenance and control of a vehicle being operated by defendant, there was a collision with a vehicle being operated by plaintiff Marlene Chase, in which plaintiffs Maria Pineda, Joseph Chase, a minor, and Stephen Chase, a minor, were passengers, and that as a result, plaintiffs were injured in health, strength and activity, and have and will suffer in the future physical and emotional pain, suffering and anxiety. 

ANALYSIS:

Under CCP § 372, an action of a minor may be compromised by a guardian ad litem “with the approval of the court in which the action or proceeding is pending.”   

The Second District has observed that the GAL’s “purpose is to protect the rights of the minor,” but “it is the duty of the court to see that such rights are protected.”   Scruton v. Korea Air Lines Co. (1995) 39 Cal.App.4th 1596, 1605, (citing Berry v. Chaplin (1946) 74 Cal. App. 2d 652, 657). 

The petition seeks 25% of the gross settlement in attorneys’ fees, after expenses, for a total of $12,500 in fees. 

Under previous LASC Local Rule, fees could not exceed 25% without a showing of good cause. 

“(a) Reasonable attorney's fees

 (1) In all cases under Code of Civil Procedure section 372 or Probate Code sections 3600-3601, unless the court has approved the fee agreement in advance, the court must use a reasonable fee standard when approving and allowing the amount of attorney's fees payable from money or property paid or to be paid for the benefit of a minor or a person with a disability.

(2) The court must give consideration to the terms of any representation agreement made between the attorney and the representative of the minor or person with a disability and must evaluate the agreement based on the facts and circumstances existing at the time the agreement was made, except where the attorney and the representative of the minor or person with a disability contemplated that the attorney's fee would be affected by later events. 

(b) Factors the court may consider in determining a reasonable attorney's fee In determining a reasonable attorney's fee, the court may consider the following nonexclusive factors:

  (1) The fact that a minor or person with a disability is involved and the circumstances of that minor or person with a disability.

  (2) The amount of the fee in proportion to the value of the services performed.

  (3) The novelty and difficulty of the questions involved and the skill required to perform the legal services properly.

  (4) The amount involved and the results obtained.

  (5) The time limitations or constraints imposed by the representative of the minor or person with a disability or by the circumstances.

  (6) The nature and length of the professional relationship between the attorney and the representative of the minor or person with a disability.

  (8) The time and labor required.

  (9) The informed consent of the representative of the minor or person with a disability to the fee.

  (10) The relative sophistication of the attorney and the representative of the minor or person with a disability.

  (11) The likelihood, if apparent to the representative of the minor or person with a disability when the representation agreement was made, that the attorney's acceptance of the particular employment would preclude other employment.

  (12) Whether the fee is fixed, hourly, or contingent.

  (A) The risk of loss borne by the attorney;

    (B) The amount of costs advanced by the attorney; and

    (C) The delay in payment of fees and reimbursement of costs paid by the attorney.

(c) Attorney's declaration A petition requesting court approval and allowance of an attorney's fee under (a) must include a declaration from the attorney that addresses the factors listed in (b) that are applicable to the matter before the court. 

Here, the attorney’s declaration is sufficiently complete to establish entitlement to the fees sought.  The attorney explains that the attorney investigated the collision, performed site inspections, obtained evidence, obtained all medical records, dealt with the medical providers and insurance subrogation lienholders, and prepared and filed the lawsuit.  [See Attach. 13a, Kouleyan Decl.].  The petition also attaches a Contingency Fee Agreement which the GAL for the claimant executed that and also initialed, agreeing to the 25% fee amount.  [Attach. 17a, para. 5]. The court finds the fees justified. 

RULING:

[No Opposition].

Petition for Approval of Compromise of Claim or Action or Disposition of Proceeds of Judgment for Minor or Person with a Disability is GRANTED.

The Order to Deposit Money into Blocked Account and Order Approving Compromise of Claim or Action submitted with the Petition will be signed by the Court. 

DEPARTMENT D IS CONTINUING TO CONDUCT AND ENCOURAGE 

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